Can anyone advise what would happen if a defendant dies before a case is heard in court. The case I'm enquiring about is for recovery of a debt and there are two defendants, husband and wife. The husband has become ill and it is possible he will not be around when the case is heard 3 or 4 months hence.
Does it proceed with just the surviving defendant? If the wife decided not to defend does it get heard and a judgement given to the plaintiff? If there wasn't a wife is the case thrown out or is a judgement given to the plaintiff in the absence of the defendant and enforced against their estate?
Thanks,
A.
Does it proceed with just the surviving defendant? If the wife decided not to defend does it get heard and a judgement given to the plaintiff? If there wasn't a wife is the case thrown out or is a judgement given to the plaintiff in the absence of the defendant and enforced against their estate?
Thanks,
A.